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HomeMy WebLinkAbout2025-08-26 CC Packet EnclosureDate: August 26, 2025 New Business TO:Mayor and City Council FROM:Scott Richards, City Planner AGENDA ITEM:Conditional Use Permits for Accessory Building – 14899 Upper 55 th Street North BACKGROUND: Robert and Lisa Benson (Applicants) have submitted an application for Conditional Use Permits (CUP) to allow for construction of an accessory building. The application is for three Conditional Use Permits, to allow a reduced setback from what is required, for a second accessory structure, and for construction in a side yard for an accessory building at 14899 Upper 55th Street North. The proposed accessory building is 160 square feet. The property is zoned R-1 Single Family Residential District. The Planning Commission, at their August 14, 2025, meeting, held a public hearing and recommended the application for the Conditional Use Permit with conditions. FINANCIALIMPACT: x DOES ACTION REQUIRE EXPENDITURE OF FUNDS? No ACTION REQUESTED: Approve Resolution 25-08-21 ATTACHMENTS: Planning Report Resolution 25-08-01 CCCCiiittt yyttyy ooooo fffffff OOO aaa kkkkk PPPaaarrrrkkkrkkHHHHHHHeeeeiiiiggghhhttttsss Page 49 of 61 MEMORANDUM TO: Jacob Rife FROM: Scott Richards DATE: August 19, 2025 RE: Oak Park Heights – Conditional Use Permits for Accessory Building – 14899 Upper 55th Street North – City Council TPC FILE: 236.05 – 25.02 BACKGROUND Robert and Lisa Benson (Applicants) have submitted an application for Conditional Use Permits (CUP) to allow for construction of an accessory building. The application is for three Conditional Use Permits, to allow a reduced setback from what is required, for a second accessory structure, and for construction in a side yard for an accessory building at 14899 Upper 55th Street North. The proposed accessory building is 160 square feet. The property is zoned R-1 Single Family Residential District. The Planning Commission, at their August 14, 2025, meeting, held a public hearing and recommended the application for the Conditional Use Permit with conditions. EXHIBITS The review is based upon the following submittals: Exhibit 1: Planning Report with Exbibits – August 6, 2025 PROJECT DESCRIPTION The project description and justification for the application is as follows and found as Exhibit 1. We would like to build a shed next to our deck, not by our back property line as there is no room. We would like to use this new shed to store our lawn mower and other yard equipment because of the fumes they produce, and we use our garage for family gatherings. Page 50 of 61 2 Due to the landscape already in place, there is no room for a shed. Please see the pictures included with the development application. As you can see, there is only one small area for us to gain access to our backyard. The area for the shed is already in place from where we took down the bunny shed/hutch. Accessory building will not exceed 20 feet in height. Accessory building will be closer than 5 feet from the side lot line and closer than 6 feet from other buildings. The structure will meet fire code on the inside to be closer than the 6 feet. Accessory building will not be located within a utility and/or drainage easement. Current detached garage is 916 square feet. Accessory building is 160 square feet with a total of 1076 square feet, which is under the 1200 square feet allowed. CONCLUSION/RECOMMENDATION The City Council should consider the application for Conditional Use Permits to allow for construction of an accessory building at 14899 Upper 55th Street North. If the City Council is favorable to the request, it should consider the following conditions found below and in the draft Resolution: 1. The final grading for the proposed structure shall be subject to approval of the City Engineer. If the proposed structure creates any adverse water runoff impact to the adjacent property, the Applicant/Owner shall take measures to mitigate the issues subject to review and approval of the City Engineer. 2. Any exterior mechanical equipment associated with the shed shall be screened. 3. The exterior of the proposed shed shall be finished with siding and in a color to match the current principal building exterior. 4. No kitchens or bathrooms shall be allowed in the proposed shed. 5. The Applicant shall apply for and receive a building permit for the structure. All applicable Building Code requirements shall be met. PC: Julie Hultman Page 51 of 61 RESOLUTION NO. 25-08-21 CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY ROBERT AND LISA BENSON FOR A CONDITIONAL USE PERMIT TO ALLOW FOR CONSTRUCTION OF A SHED IN THE SIDE YARD, FOR A REDUCED SETBACK, AND TO ALLOW A SECOND ACCESSORY STRUCTURE AT 14899 UPPER 55TH STREET NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request by Robert and Lisa Benson (Applicants) for Conditional Use Permits to allow for construction of a shed in the side yard, for a reduced setback, and to allow a second accessory structure at 14899 Upper 55th Street North; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the application be approved with conditions. The City Council of the City of Oak Park Heights makes the following findings of fact and resolution: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The Applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is zoned R-1 Single Family Residential District in which single family dwellings and accessory structures are a permitted use; and 4. Section 401.15.D.2 of the Zoning Ordinance requires that all accessory buildings be located in the rear yard except by Conditional Use Permit; and 5. The Applicants have proposed placing the 160 square foot structure in the side yard in that with topography and existing trees and landscaping, there is limited space for the shed in the rear yard; and Page 52 of 61 2 6. Section 401.15.D.3 of the Zoning Ordinance requires a five foot side yard setback, eight foot rear lot line setback, and six foot separation from any other building unless requirements of the Building Code are met; and 7. The Applicants have proposed the shed to be set back two feet from the house and two feet from the east property line; and 8. The shed shall be constructed to meet Building Code requirements and drainage issues will be addressed with the narrow setback; and 9. Section 401.15.D.5 of the Zoning Ordinance requires a Conditional Use Permit for more than one detached accessory structure on a lot; and 10. There is an existing garage on the property; and 11. The Applicant’s have requested three Conditional Use Permits, one to allow for construction of a shed in the front yard, one for a reduced setback, a third to allow a second accessory structure at 14899 Upper 55th Street North; and 12. City staff prepared a planning reports dated August 6, 2025, and August 19, 2025, reviewing the request; and 13. The Planning Commission held a public hearing at their August 14, 2025, meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application be approved with conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by Robert and Lisa Benson for Conditional Use Permits to allow for construction of a shed in the side yard, for a reduced setback, and to allow a second accessory structure at 14899 Upper 55th Street North and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights with the following conditions: 1. The final grading for the proposed structure shall be subject to approval of the City Engineer. If the proposed structure creates any adverse water runoff impact to the adjacent property, the Applicant/Owner shall take measures to mitigate the issues subject to review and approval of the City Engineer. Page 53 of 61 3 2. Any exterior mechanical equipment associated with the shed shall be screened. 3. The exterior of the proposed shed shall be finished with siding and in a color to match the current principal building exterior. 4. No kitchens or bathrooms shall be allowed in the proposed shed. 5. The Applicant shall apply for and receive a building permit for the structure. All applicable Building Code requirements shall be met. Approved by the City Council of the City of Oak Park Heights this 26th day of August 2025. ____________________________________ Chuck Dougherty, Mayor ATTEST: __________________________________ Jacob Rife, City Administrator Page 54 of 61 ATTACHMENT A Conditional Use Permit To Allow For Construction of A Shed In The Side Yard, For A Reduced Setback, And To Allow For A Second Accessory Storage Structure At 14899 Upper 55th St. N. Washington County Property Identification Number: 04.029.20.14.0050 Physical Address: 14899 Upper 55th St. N., Oak Park Heights, MN 55082 Page 55 of 61 ATTACHMENT B Conditional Use Permit To Allow For Construction of A Shed In The Side Yard, For A Reduced Setback, And To Allow For A Second Accessory Storage Structure At 14899 Upper 55th St. N. Application Materials x Application Form x Fees x Plan Sets x Written Narrative and Graphic Materials Explaining Proposal x Proof of Ownership or Authorization to Proceed Planning Commission Review & Recommendation: August 14, 2025 Conditional Use Permit: Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.03.C.4.a and b) Page 56 of 61